United States Department of Education to Dennis Holmes — Campbell County School District #1 (July 7, 2022)

Summary

This July 7, 2022 letter from the Office of Elementary and Secondary Education responds to Dennis Holmes, Associate Superintendent of Instructional Support, Campbell County School District #1. The request sought an exception to the maintenance of equity requirement for Hillcrest Elementary in fiscal year (FY) 2022, and the Department says it received the request on June 28, 2022. The Department concurs that reduced health insurance costs constitute an uncontrollable circumstance and that reduced special education expenses constitute an exceptional or uncontrollable circumstance. It states that the district is excepted from maintenance of equity requirements in FY 2022. The letter closes with the name Laura Jimenez, Director, Office of State and Grantee Relations.

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                       UNITED STATES DEPARTMENT OF EDUCATION
                           OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                           July 7, 2022


Dennis Holmes
Associate Superintendent of Instructional Support
Campbell County School District #1
1000 West Eight Street
P.O. Box 3033
Gillette, WY 82717-3033

Dear Associate Superintendent Holmes,

Thank you for submitting to the U.S. Department of Education (the Department) your request for
an exception to the requirement that Campbell County School District #1 maintain equity in one
of its high-poverty schools, Hillcrest Elementary, in fiscal year (FY) 2022.

As you know, section 2004(c)(2) of the American Rescue Plan Act of 2021 specifies that a local
educational agency (LEA) need not maintain equity if the LEA “demonstrates an exceptional or
uncontrollable circumstance, such as unpredictable changes in student enrollment or a
precipitous decline in the financial resources of [the LEA], as determined by the Secretary.” An
“exceptional or uncontrollable circumstance” might include, for example, increased one-time
expenditures in the baseline year (school year 2020-2021) due to the pandemic, a very small
school where the maintenance of equity calculations do not result in meaningful information
about resource availability, or a significant change in the expenses of a school that no longer
serves a student whose educational and support needs required services that have a particularly
high cost. Each request for an exception requires a case-by-case review by the Department.

On June 28, 2022, the Department received your request for an exception to the maintenance of
equity requirement in one of your high-poverty schools, Hillcrest Elementary, in FY 2022 for
two reasons. First, fewer employees at Hillcrest Elementary elected to participate in the district’s
health insurance program, which led to a reduction in health insurance costs in FY 2022
compared to FY 2021. Second, based on student needs at both elementary schools, a special
education teacher at Hillcrest Elementary shifted to Buffalo Ridge Elementary. This was the
result of a decline in students receiving special education services at Hillcrest and an increase in
the number of students needing special education services at Buffalo Ridge. In addition, Hillcrest
had an open and vacant position in FY 2021 that was eliminated in FY 2022. The district reports
that it was not needed or filled in FY 2021.

After reviewing your request, we concur that the reduction in funding at Hillcrest Elementary
due to reduced health insurance costs constitutes an uncontrollable circumstance that prevents
Campbell County School District #1 from maintaining equity requirement at Hillcrest
Elementary in FY 2022. We also concur that the reduction in the special education expenses at
Hillcrest Elementary based on changes from year to year in the needs of students with disabilities
constitutes an exceptional or uncontrollable circumstance that prevents Campbell County School
District #1 from meeting the maintenance of equity requirement in FY 2022. Accordingly,
Campbell County School District #1 is excepted from maintenance of equity requirements in FY
2022.

Thank you again for reaching out to the Department and for your ongoing commitment to
maintaining equity. If you have any questions, please contact the Wyoming state mailbox
at: Wyoming.OESE@ed.gov.


                                           Sincerely,

                                           Laura Jimenez

                                           Laura Jimenez
                                           Director, Office of State and Grantee Relations
                                           Office of Elementary and Secondary Education
                                           United States Department of Education

CC: The Honorable Brian Schroeder
Superintendent of Public Instruction
Wyoming Department of Education


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